Clampett v Kerslake (Electoral Commissioner of Queensland)

[2009] QCA 104

Queensland Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Summary dismissal of review application
4. › Frivolous, vexatious and abuse of process
5. › Whether leave to appeal should be granted
6. › Judicial Review Act 1991 (Qld), s 48(5)
1. Constitutional Law (Cth)
2. › Section 115 of the Constitution
3. › Prohibition on States coining money or making anything but gold and silver coin legal tender
4. › Whether State legislation requiring deposit in cash or bank cheque inconsistent with s 115
5. › Electoral Act 1992 (Qld), s 85(1)
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Whether indemnity costs should be ordered where arguments manifestly hopeless and foreclosed by authoritative decisions
1. Practice and Procedure
2. › Vexatious proceedings
3. › Repeated litigation of arguments authoritatively rejected
4. › Whether appeal frivolous, vexatious and abuse of process

Quick Take

Section 115 of the Commonwealth Constitution, which precludes States from coining money or making anything but gold and silver coin legal tender in payment of debts, does not invalidate State legislation that requires a monetary deposit as a condition of a nomination for election, because such a requirement does not create a debt. Indemnity costs are appropriate where arguments are manifestly hopeless and foreclosed by authoritative decisions of which the litigant was aware.